Citation Nr: 0516974
Decision Date: 06/22/05 Archive Date: 07/07/05
DOCKET NO. 04-05 433 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Medical and Regional Office
Center
in Wichita, Kansas
THE ISSUE
Entitlement to service connection for migraine headaches.
REPRESENTATION
Appellant represented by: Veterans of Foreign Wars of
the United States
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
W. Yates, Counsel
INTRODUCTION
The veteran served on active duty from August 1983 to May
1990, and from January 1991 to March 1991.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a September 2003 RO decision that
denied service connection for migraine headaches. In January
2004, the veteran filed a timely notice of disagreement
regarding this decision. In January 2004, the RO issued a
statement of the case addressing this issue, and in February
2004, the veteran perfected his appeal.
In March 2004, the veteran testified at a Travel Board
hearing before the undersigned Acting Veterans Law Judge
designated by the Chairman of the Board to conduct that
hearing pursuant to 38 U.S.C.A. § 7107(c) (West 2002). A
transcript of the hearing is of record.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify you if
further action is required on your part.
REMAND
The veteran is seeking service connection for migraine
headaches. He alleges that this condition began during his
active duty service.
After reviewing the veteran's claims folders, the Board
concludes that additional development of evidence is
warranted as part of the VA's duty to assist. 38 U.S.C.A.
§ 5103A; 38 C.F.R. § 3.159. In particular, it appears
additional pertinent medical treatment records should be
requested, and a VA etiological opinion obtained.
At the March 2004 Travel Board hearing, the veteran testified
that he received treatment at the VA medical center in Little
Rock, Arkansas, from 1991 to 1997, and in Los Angeles,
California, from 1997 to 1998. Currently, the post-service
treatment records in the claims folders, as well as the
request for records in the claims folder, date back only to
1997.
Given his testimony, and the lack of any medical evidence
during the first couple of years after the veteran's
discharge from service, the Board believes additional
treatment records are likely available for this period.
Accordingly, the RO should request that the veteran provide a
complete outline of all of his post-service treatment for
migraine headaches. Thereafter, the RO should attempt to
obtain any additional records which may be available.
The Board also notes that the veteran's service medical
records show complaints of and treatment for headaches. Post
service treatment reports dated from 1999 show treatment for
headaches, which have more recently been diagnosed as
migraines.
Under these circumstances, the RO should schedule the veteran
for a VA examination to determine the etiology of this
condition.
Accordingly, the Board remands the case to the RO for the
following action:
1. The RO should ask the veteran to
identify all medical treatment providers
who have treated him for migraine
headaches since his discharge from the
service in March 1991. The RO should
then obtain copies of the identified
medical records. Regardless of his
response, the RO should attempt to obtain
his treatment records from the VA medical
center in Los Angeles, California (1997-
1998); and from the VA medical center in
Little Rock, Arkansas (1992-1997).
2. The RO should then make arrangements
with the appropriate VA medical facility
for the veteran to be afforded a
neurological examination. The claims
folders are to be provided to the
examiner for review in conjunction with
the examination. (The examiner should
note that the service medical records
reflect general complaints of headaches,
but no finding of chronic or migraine
headaches). All indicated tests and
studies as deemed appropriate by the
examiner must be accomplished and all
clinical findings should be reported in
detail. Based on a review of the claims
folders and the examination of the
veteran, the examiner should address the
following questions as to the veteran's
headaches:
Does the veteran have a chronic
headache disorder? If so, what is
the diagnosis? Is it at least as
likely as not (i.e., is there a
50/50 chance) that any currently
diagnosed chronic headache disorder
was incurred in or aggravated by
military service?
3. After assuring compliance with the
notice and duty to assist provisions of
the law, the RO should review the claims
for service connection for migraine
headaches.
If the claim is denied, the veteran and
his representative should be provided
with a supplemental statement of the
case, and given an opportunity to
respond, before the case is returned to
the Board.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See The Veterans Benefits Act of 2003, Pub. L. No. 108-183, §
707(a), (b), 117 Stat. 2651 (2003) (to be codified at 38
U.S.C. §§ 5109B, 7112).
_________________________________________________
CHRISTOPHER J. GEARIN
Acting Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2004).